For some couples, retirement is when they feel they finally get a chance to spend time together after decades of working hard to build their lives. For others, it leads to a realization that they're living with someone they don't love anymore.Starting over after a...
Oneida County Law Blog
How will student loan debt be divided during a divorce?
Student loan debt is a significant financial burden for many Americans. After graduation, the average U.S. student owes $37,172 in student loans, and roughly one in four adult have student loans.One of the most stressful things about a divorce can be managing...
Courts may award different forms of alimony
Many alimony awards take on the common form of one person paying to their former spouse monthly payments of money. These payments can go on indefinitely or they may end after a certain amount of time or the achievement of self-sufficiency for the recipient party....
Does child support have to cover a child’s college expenses?
The laws of New York require that parents subject to child support agreements and orders financially provide for their kids until they reach the age of 21. While marriage, enlistment in the military and other actions may emancipate children from the financial support...
The role a prenuptial agreement may play in a New York divorce
Not every couple that chooses to get married will elect to draft and execute a prenuptial agreement before formalizing the relationship between the partners in marriage. Those that do, though, create contracts that can dictate how certain financial and property-based...
What is non-marital property?
The courts of New York follow equitable distribution laws when it comes to dividing up marital property. Past posts on this blog have discussed how these laws seek to preserve fairness in the division and assignment of marital assets. However, marital property is only...
How to schedule a 50-50 parenting plan
Many parents who get a divorce discover that they can benefit from a 50-50 parenting plan in which each parent shares the joy of caring for their children 50 percent of the time. Children will have two homes and live with both parents an equal amount of time with this...
Seeking modification to an alimony award
New York courts have the power to grant individuals alimony pursuant to their divorces. If, for example, one party would be unable to support themselves due to a lack of income following the finalization of their divorce, then the court may require their ex to provide...
What is the income shares model of child support?
New York courts apply the income shares model in child support cases. This model generally requires both parents to contribute to the financial support of their child and a percentage of the sum of their collective incomes should be set as support for their...
The end of an alimony award
Not all alimony awards are intended to last forever. Although some individuals may be legally entitled to lifelong alimony due to illness or the inability to work, others may only be awarded alimony long enough to get them back on their feet following their divorces....